FOIL Update – Swift v Carpenter

  • FOIL
  • FOIL Ireland
  • FOIL Scotland
  • London FOIL

Since the Court of Appeal decision in Roberts v Johnstone (RvJ) (1989) there had been a set method for calculating the additional cost to an injured claimant of purchasing suitable alternative accommodation. The difference between the capital cost of the two properties was taken from other heads of loss (such as pain, suffering and loss of amenity) but the claimant recovered notional interest on this borrowing. The figure used to determine the rate of interest was the discount rate (DR).


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